Make a Constructive Dismissal Claim
A constructive dismissal is a legal ruling that states that a company has not properly dealt with an employee who has brought about claims of undue discipline, poor performance or redundancy. In a court of law, this term is used to describe an act of discrimination by a workplace employer against an employee for any reason. While employers must abide by the Employment Relations Act in terms of having a proper procedure to deal with and handle any claims of discrimination, they do not have to directly resort to this act in order to show that a claim has been made. If an employee feels that he has been unfairly sidelined or discriminated against, he can make a claim for constructive dismissal. This can only happen when the employee complains to an employer and subsequently obtains a court decision in his favour.
The first step towards obtaining a constructive dismissal is making a complaint to the employer. Such a procedure can only be initiated after the employee has been subjected to or has been charged with the acts of discrimination, harassment or any other form of injustice in the workplace. It is important to ensure that you have a strong case before taking any further steps towards obtaining a constructive dismissal. It is also important to note that the act cannot only be claimed if the employee has been subjected to an unfair dismissal but can also be claimed if the employer has failed to take any proper action on your complaint.
When approaching the Employment Relations Authority, you will need to show that there has been some form of injustice on your part. It is in such a case that the employer will be forced to justify their actions and this can be done through the Employment Relations Authority’s (ERA). It is important to ensure that you are represented by a specialist Employment Law solicitor when approaching the ERA or the Employment Courts. It is important to prepare all your paperwork in a neat manner as you may not receive a positive ruling from the court. If you are successful in your claim, the courts may order that you are paid your damages in a lump sum or in any other form that can be agreed between you and your employer.
What Are the Defenses to Make a Constructive Dismissal Claim?
There are many factors which can determine whether a constructive dismissal can be applied for in an individual case. These include the age of the employee, their fitness for work, if they have a learning disability and so forth. In addition to these, it also takes into account whether the employee was given reasonable notice that they would be facing a disciplinary action. This can include warning letters or proposals or even a meeting with senior management to discuss the terms of their suspension or possible termination.
If you are successful in your claim, you may be entitled to compensation for loss of earnings, expenses and any other financial loss suffered by you as a result of the employer refusing to acknowledge and rectify the situation. You may also be eligible to make a claim for constructive dismissal if you have been made a constructive dismissal due to the fact that your employer failed to take reasonable steps to resolve the matter. Any other monetary loss that you may be entitled to claim for is determined by the employment law specialist who handled your case. If you lose your case, you will not receive any compensation as the employer is likely to appeal.
It is important to note that Acas does not apply when your employer has behaved in a way that would reasonably be expected of them. For example, where you have gone through a dispute with your employer or where there has been some kind of damage done to property by your employer, you are likely to succeed in making a case for constructive dismissal. However, you must show that the conduct of your employer actually created a genuine problem and a serious impact on your working life. For example, where your employer refused to implement safety regulations, this could be seen as causing you to suffer undue pressure or annoyance. Another example is where your employer has refused to implement health and safety regulations relating to the use of chemical hazards in the workplace. This could also be seen as causing undue pressure and irritation and as acting in a manner that would reasonably be expected of them.